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Terms & conditions

Below are the terms and conditions for Emily Burningham London. Please read them carefully before placing your order. By using this website or placing an order you agree to be bound by the terms and conditions set out below. Please also read our privacy statement regarding personal information provided by you. These terms of business are to protect and clarify the legal rights of our customers as well as ourselves.

We may change these terms from time to time without notice. Changes will apply to any subsequent orders received.

Once your order has entered our despatch process, we will not be able to make any changes.

This website, found under the http://www.emilyburningham.com URL, is operated by Emily Burningham London and references to “we”, “us” and “our” shall be deemed to be references to Emily Burningham London. References to “you” and “your” shall be deemed to be references to the person placing an order via this website or joining our mailing list.

Customers:

Disclaimer & Statement of Liability:

All goods supplied by Emily Burningham London are supplied on the condition that our liability for any fault or defect in the quality, condition, description or fitness for any purpose is to a sum not exceeding the purchase price of the particular goods.

To the fullest extent permitted by law and save as provided above, neither Emily Burningham London nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Emily Burningham London or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.

While Emily Burningham London uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Emily Burningham London will not be responsible for any errors or omissions or for the results arising from the use of such information.

While Emily Burningham London takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

Further, Emily Burningham London will not be responsible or liable for your use of any other websites which you may access via links within this website. Emily Burningham London does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Emily Burningham London.

The entire liability of Emily Burningham London under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.

Emily Burningham London will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.

If we are prevented from carrying out our obligations in the above circumstances, we will notify you in writing. If we are still prevented from carrying out the obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the Agreement. If the Agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform.

Except where you, the buyer are dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12 as amended) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the Products.

Except in respect of death or personal injury caused by our negligence, we will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply of Products other than as a result of a breach of an obligation arising under the Sale of Products Act 1979 (as amended) and the Supply of Products and Services Act 1973.

Emily Burningham London may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing of Emily Burningham London.

No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.

Privacy:

Emily Burningham London is committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).

We collect information about you to process your order, provide you with the best possible service and if you join our mailing list, to send you promotional emails about our new products, special offers or other information we think you may find interesting using the email address you have provided.

The type of information we will collect about you includes your name, address, phone number and e-mail address. We will never collect sensitive information about you.

The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. We are committed to ensuring that your information is secure.

Our web site uses secure server software called SSL, with a 256 bit key, to encrypt all of your personal information. SSL is the industry standard and most widely used software for secure commerce transactions. It encrypts all of your personal information, including credit or debit card number, name and address so that it cannot be read as the information travels over the Internet. It is provided by Trustwave. To find out more: https://www.trustwave.com/.

You can check if the connection is secure by looking for the lock symbol at the bottom right hand corner of the browser or within the browser bar. Also by double clicking on the lock you can check that our security certificate is valid and when it requires renewal.

We may use technology to track the patterns of behaviour of visitors to our site. This can include using a “cookie” which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.

Intellectual Property Right and Right to Use:

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose.

Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Product Information:

We take every care to ensure that the description and specification of our products are correct at the time of publication. However, specifications and descriptions of products on this website are not intended to be binding and are intended only to give a general description of the products.

Furthermore, and without prejudice to the generality of the foregoing, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you. We reserve the right to withdraw items from our range at any time without prior notification.

Placing an Order:

By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions. If you are unhappy with any aspect of these terms, then you should contact us before placing an order.

By placing an order via this website you are making an offer to Emily Burningham London to purchase the goods detailed in your order upon the terms described in your order.

Once you have placed an order we will send you a confirmation that your order has been received but this is not a confirmation that your offer to purchase the goods has been accepted. A contract between you and Emily Burningham London for the sale of our products will only exist once an order has been accepted, processed and dispatched to you.

Your debit/credit card will be authorised and charged at point of sale. This does not affect your statutory rights.

Prices and availability of goods are subject to change without notice. A delivery charge will be added to your order value where appropriate, please see the delivery charges.

UK Mainland Delivery:

UK Mainland delivery charges are as follows:
£2.95 on orders under £45
Free on orders of £45 or more
Delivery charges include VAT

We aim to despatch goods to UK addresses within three working days of receipt of your order, provided the goods are in stock. However, from time to time, through circumstances beyond our control, this may not be possible. In the event that an item is temporarily out of stock, we will notify you of the delay and despatch it as soon as it has been restocked.

Please allow up to five working days for delivery.

UK orders are dispatched by Royal Mail or courier, depending on size and weight. Orders which are delivered by courier will require a signature on delivery. For this reason we cannot deliver to PO Boxes. If you are not available to sign for your delivery, the delivery company will post a card through your door asking you to contact them to arrange an alternative delivery date.

We cannot deliver to multiple addresses; if you wish to send different items to different addresses you must treat each address as a separate order.

It is the buyer’s responsibility to check for any damage to packing materials and products before accepting delivery of the products, and to report any damage by the delivery company within 48 hours. In the unlikely event that there is damage, please DO NOT accept delivery, DO NOT sign the delivery sheet; instead ask the driver for a damaged freight report which will need your signature. Contact us as soon as possible. Goods are not covered by transit insurance once you have accepted delivery. If goods are delayed in transit this is beyond our control, and postage refunds will not be given.

It is the responsibility of the buyer to ensure that the correct product has been delivered to any other third party such as a curtain maker.

Delivery dates supplied by Emily Burningham London are estimates. We are not liable for the consequence of any delay. We will make every effort to keep you informed of any delays.

Any delay of part of an order against an estimated delivery date does not entitle the buyer to cancel the order.

Non-Mainland UK & International Delivery:

If you are based in non-mainland UK please select 'United Kingdom (non-mainland)" in the country field. Your delivery charge will then be calculated and added to your bag. You will have an opportunity to review the cost before proceeding with payment. We offer international delivery direct from our website to the following places: Andorra, Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Guernsey, Ireland, Italy, Japan, Jersey, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Spain, Sweden, Switzerland and the United States. For delivery to one of the countries listed above, please proceed through the checkout process as normal. The delivery charge will be calculated and you will have an opportunity to review the cost before proceeding with payment. For delivery to countries not listed above, please contact us for delivery times and charges, and to place your order.

Cancellation & Returns:

If you wish to cancel your order for any reason you can do so up to 7 working days after receipt of the products. This is referred to as your cooling off period and the 7 days commence the day after you receive the products.If you wish to cancel you must notify us within the cooling off period and this must be in writing: by letter, email or fax. A full refund will be made within 30 days of your cancellation following inspection of the returned item. It is your responsibility to return the item in perfect condition. The following terms apply:

Products must be returned complete, in perfect condition, unused, unwashed and with the original packaging and you must have taken reasonable care to ensure that any item is returned to us safely and not damaged in transit. Unfortunately, post and package costs are non refundable and we are not held responsible for returns that do not reach us, therefore we suggest that you return the goods to us via a Signed For service & retain proof of purchase.

If you have requested a replacement item, subject to stock, we aim to despatch replacement items within fourteen working days. If your chosen substitute is not in stock we will contact you to offer either an alternative or a refund. Customers who have paid by credit card will have their same card credited. We will not make refunds to a third party.

Please note that there is no right of cancellation for any bespoke products and, without prejudice to your rights of cancellation, we do not return or exchange on the following products:

-Cut lengths of fabric, unless there is a fault in the print or the base cloth of the fabric.

-Fabric remnants: any faults with the fabric will have been assessed and reflected in the price.

All faults or damages must be reported & returned within 7 days of receipt of delivery in our original packaging. Inspection of the goods are made within 14 working days and if the goods are faulty, we will cover all costs of postage and either refund or exchange the items. When returning items you are strongly recommended to obtain proof of posting. We cannot accept responsibility for parcels lost in transit. Please make sure the returned items are packaged in our packaging or in such a way as to avoid damage.

If you prefer, we will arrange to collect the products from you, but the cost of this will be charged to you and may be deducted from any refund to you. We will only refund the costs of postage where the item returned is faulty.

Making Returns:

When returning items you are strongly recommended to obtain proof of posting. We cannot accept responsibility for parcels lost in transit. Please make sure the returned items are packaged in our packaging or in such a way as to avoid damage.

If you prefer, we will arrange to collect the products from you, but the cost of this will be charged to you and may be deducted from any refund to you. We will only refund the costs of postage where the item returned is faulty.

Sales, Discounts and Offers:

Claims:

a) Non-receipt of goods: Any claim for the non-receipt of goods must be made in writing within a maximum of 14 days from the date of the confirmed delivery date.

b) Errors and omissions: Customers should check all deliveries immediately for shortages, faults, damages or incorrect products. The buyer must inform Emily Burningham London in writing, within 7 days of the date of delivery.

c) No claim will be considered in any circumstances should the goods have been cut, modified or damaged by buyer in any way.

d) It is a characteristic of natural textiles that there will be variations in the weave, colour and texture including occasional slubs and as such claims for irregularities will not be accepted under any circumstances. To ensure exact colour matching it is advised to order quantities required for future use at one time. While every effort is made to ensure accuracy of colours, because of the limitations of the printing process, variations may occur and colours may not always be exact. The sample you order may come from a different batch to the material you receive. For more information about the production of the textiles and printing process please contact us at .(JavaScript must be enabled to view this email address).

e) We will not be held responsible for any miscalculation of fabric orders. It is the responsibility of the customer to check all fabric details including repeats and drops.

f) We will not be held responsible for any fabrics fading if they have been exposed to small amounts of gas, carbon monoxide, sun, strong lights or if they have been treated after leaving us, such as Flame retarding or softeners, all of which can have an effect on the fastness.

g) Claims for labour charges will not be accepted under any circumstances.

Your Warranty:

You, the buyer, warrant that all details provided on the order form/over the telephone for the purpose of purchasing the products are correct, that the debit/credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the products.

General:

We may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on the website.

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.

English law will apply to this Agreement, and the parties agree to submit to the non-exclusive English courts.

The headings in this Agreement are for convenience only and will not affect their interpretation.

Fabric Information:

There is a 0.5 metre minimum order for fabrics.

As with all natural textiles, colour variation may occur from batch to batch, and whilst every effort is made to ensure accuracy of colours we ask you to check your fabric before cutting. We strongly advise you to get a swatch before you finalise your order. Responsibility for fabric or shade variation will not be accepted after cutting.

We recommend that all our fabrics are dry cleaned only.

Most fabrics will fade after lengthy exposure to strong sunlight, some fabric treatments, and carbon monoxide. We therefore advise that all our fabrics should be lined and interlined for curtaining windows. Please read the CLAIMS section for more information.

You can cover your windows with a UV reflective film that will protect all of your soft furnishings.

Our fabrics are not fire retardant, however we can assist you if you need to use our fabrics for commercial purposes.

Computer images may not accurately represent the design colourways, therefore save for your right to Cancel (please see relevant section) refunds are not accepted.

Fabric Samples:

Swatches are supplied free of charge with a maximum of 4 samples per customer. Returnable samples are available and remain the property of Emily Burningham London. They must be returned within 14 days of receipt otherwise they will be invoiced at the price of half a metre. Emily Burningham London will retain credit card details in the event payment needs to be taken. For more information about returnable samples please contact us.

Fitness for purpose: the buyer must satisfy themselves that any product supplied by Emily Burningham London is fit for the purpose for which it is purchased prior to ordering.

Remnants :

These price offers are only available via our website or by placing an order over the phone.

Due to the nature of our remnants and clearance section, swatches are not always available. Computer images may not accurately represent the design colourways, therefore save for your right to cancel (please see relevant section) refunds are not accepted.